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HomeMy WebLinkAbout000744 Original Contract City of Port Angeles Record #000744 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND Beaman Architecture Ltd. Professional Services Agreement RELATING TO: VERN BURTON ROOF REPLACEMENT, PROJECT PK06-2005, DESIGN AND POST-AWARD CONSTRUCTION SERVICES THIS AGREEMENT is made and entered into this day of 2014, by and between THE CITY OF PORT ANGELES, a non-charter code city of the State of Washington, (hereinafter called the "CITY") and Beaman Architecture, Ltd. an Oregon Corporation authorized to do business in the State of Washington (hereinafter called the "CONSULTANT"). WHEREAS, the CITY desires architecture and consulting assistance related to rehabilitation of the Vern Burton Community Center Gymnasium Re-roof Design ; and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to perform the Scope of Services as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and/or other applicable requirements, and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF SERVICES General Scope. The scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed in the attached Exhibit A and shall include all services and material necessary to accomplish the work. The CITY may review the CONSULTANT'S services, and if they do not meet the Professional Standard of Care the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section XII of this Agreement. Any changes made necessary due to causes outside the CONSULTANT'S reasonable control shall be provided as an extra work herein. Page 1 of 7 The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the architectural profession for similar services on similar projects of like size and nature and in compliance with applicable federal, state and local laws. The Scope of Services may be amended upon written approval of both parties. 11 OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, digital photos, or other presentations of the work, with the exception of those standard details and specifications regularly used by the CONSULTANT in its normal course of business, shall upon payment of all amounts rightfully owed by the CITY to the CONSULTANT herein become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the CITY or by others acting through or on behalf of the CITY, will be at the CITY's sole risk. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this agreement by both parties and written direction to proceed from the CITY. The duration of the Agreement shall extend through September 30, 2014. The work shall be completed in accordance with the schedule set forth in the attached Exhibit A. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and profit plus CONSULTANT'S direct non-salary reimbursable costs as set forth in the attached Exhibit C. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non-salary direct costs, subconsultants, and outside services; shall indicate the specific task or activity in the Scope of Service to which the costs are related; and shall indicate the cumulative total for each task. C. The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. Page 2 of 7 D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. F. Payment for "Extra Work" performed under Section XII of this Agreement shall be as agreed to by the parties in writing. VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non-salary reimbursable costs, subconsultant costs and outside services, shall not exceed the maximum sum of $24,950.00. The budget for each task is as set forth in the attached Exhibit B. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $24,950.00. Vill INDEPENDENT CONTRACTOR STATUS The relationship created by this Agreement is that of owner-independent contractor. The CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by the CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance within the scope of services. The CONSULTANT shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. Vill EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the CITY's written consent. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner which assures fair, equal and non- discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of Page 3 of 7 minorities protected by federal equal opportunity/affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. XI CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the Scope of Services. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. XII EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this Agreement, in addition to the Scope of Services set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. XIIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the CONSULTANT's designated representative at the address provided by the CONSULTANT. As a condition precedent to termination for cause the CONSULTANT shall be given the notice period to cure such cause and shall have failed to so cure. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the work completed. C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section 11 above, shall be delivered to and Page 4 of 7 received by the CITY prior to transmittal of final payment to the CONSULTANT. XIVINDEMNIFICATION/HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, reasonable attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this Agreement. If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035. XVINSURANCE The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. No Limitation. CONSULTANT'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance CONSULTANT shall obtain insurance of the types described below: Page 5 of 7 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and, 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury. The CITY shall be named as an insured under the CONSULTANT's Commercial General Liability insurance policy with respect to the work performed for the CITY; and, 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington; and 4. Professional Liability insurance appropriate to the CONSULTANT's profession. B. Minimum Amounts of Insurance CONSULTANT shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$100,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The CONSULTANT's insurance coverage shall be primary insurance as respect the CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT's insurance and shall not contribute with it. 2. The CONSULTANT shall provide CITY and all Additional Insureds with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 3. Any payment of deductible or self-insured retention shall be the sole responsibility of the CONSULTANT. 4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 6 of 7 D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the CONSULTANT before commencement of the work. XVI APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVII EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A— Scope of Services Exhibit B — Proposed Fee for Services Exhibit C— Consultant Labor Costs Exhibit D — Roofing Report 10-29-13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES APPROVED AS TO FORM: DAN McKEEN, CITY MANAGER WILLIAM E. BLOOR, tIT'Y ATtORNEY CONSULTANT Beaman Architecture, Ltd. ATTEST: Kb4nWI-1. MICHAEL L. BEAMAN, ARCHITECT JA SSA HURD, CITY CLERK TITLE: President Page 7 of 7 EXA|B|T8 Scope of Services City of Port Angeles Vern Burton Community Center Gymnasium Re-roof Design Beaman Architecture, Ltd.was contacted on April 22, 2014 by the City of Port Angeles seeking interest in our submitting a proposal for services. We are pleased to submit this proposal and understand that the basis of the project is to provide basic services to design new roofing installation for the Vern Burton Community Center Gymnasium. The project is envisioned to be bid to qualified Contractors in one phase with possibly ofewa|terna1es. The existing roof is understood to be structurally sound per attached Exhibit D Roofing Study dated October 29, 201I The project would include a complete tear-off ofexisting rnn0nQ materials and installation of new single-ply TPO roofing with new tapered insulation as required. The scope of work includes a discussion of the activities, assumptions and deliverables associated with the following tasks: • Task 1: Preconstruction Planning and Design • Task 2:Construction Documents Preparation • Task 3:Construction Bidding • Task 4:Construction Administration Task I - PreconS±rWction Planning and Design Beaman Architecture Ltd. will need to provide the following services prior to start of Construction Documents: Electronic Media: We will need AutoCad backgrounds for the existing building in order to build our backgrounds for Construction Documents. The City will need to furnish acceptable media at least one week prior to any on-site inspection work. On-site Inspection Services: We will need to inspect the roof from the roof side to document all existing penetrations,equipment, drains, drainage,etc. and from the underside of the roof to see and document if there is any visible damage due to water intrusion. Our on-site time is anticipated to be l or Z days and will require City staff assistance for access nfareas. On-site Meetings: 1 Anticipated Time Required: lweek Task 2 - Construction Documents Preparation In the Construction Documents Phase, Beaman Architecture Ltd. will provide services necessary to prepare for approval by the City,from on-site observation and documentation, Construction Documents May 2, 2014 Page lof] Beaman Architecture, Ltd. EXA|A|7- AconsistnQufdevin8s specifications, and other documents setting forth in detail the requirements for construction of the project and bidding and contracting for the construction of the project. The Specifications will consist of technical [S\ Divisions 01 thru 33 as required by the project. The City will provide Division 00 for the specification by which Beaman will coordinate Division 01 requirements. At QU% completion of this task, Beaman Architecture, Ltd. will furnish a Cost Estimate for the City's use in preparation for bidding of the project. Due to anticipated budget concerns, the City may elect to include separate sections of the project asAlternates. It is assumed that one on-site meeting with the City will be required during this phase for presentation of the documents. Deliverables: Electronic Construction documents for bidding to Contractors, will be emai|ed to the City of Port Angeles for their use in bidding. All bidding will be administrated, coordinated and implemented by the City. On-site Meetings: 1 Anticipated Time Required:3 weeks Task 3 - Construction Bidding In the Bidding Phase, Beaman Architecture, Ltd, following the City's approval of the Construction Documents and the most recent statement of probable construction cost shall assist the City in obtaining bids and in awarding and preparing contracts for construction. Included services in this task include preparation and distribution of Addenda as may be required during bidding, including supplementary drawings, specifications, instructions, and notice(s) of changes in the bidding schedule and procedure. All Agreements with the Contractor and all required bonds, insurances and related documents will be coordinated directly between the City and the successful Contractor. � There shall be a pre-construction meeting for the potential contractors which Beaman Architecture would attend. On-site Meetings: 1 Anticipated Time Required: 3vveeko Task 4 - Construction Administration In the Construction Contract Administration Phase, Beaman Architecture bd. will provide those services necessary for the administration of the construction contract as set forth in the General Conditions of the Contract for Construction as follows: May 2, Z014 Page 2of3 Beaman Architecture, Ltd. EXHIBITA Project Administration:Services consisting of review of Contractor payment requests,submittals, including receipt, review of and appropriate action on shop drawings, product data,samples, and other submittals required by the contract documents. Distribution of submittals to cont/actor, and field representatives osrequired. There shall be a pre-installation meeting with the Contractor, a City representative, and roofing manufacturer representative to inspect substrates and structure to obtain all required sign-offs and assurances prior toinstallation of main roofing system; Beaman Architecture would attend this meeting. Documents: Services consisting of preparation and distribution of clarification documents and interpretations in response to requests for clarification by contractors or the City. Maintenance of records and coordination of communications relative to requests for clarification or information. Preparation and distribution of drawings and specifications to describe work to be added, deleted or modified, review of proposals, review and recommend changes in time for substantial completion, assisting in the preparation of modifications of the contracts and coordination of communications, approvals, notifications, and record-keeping relative to changes in the work. Additional fees for changes to the scope of a project shall be negotiated and are not included in this Proposal. Construction Field Observation: Services consisting of visits to the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the contract documents, and preparing related reports and communications will be completed by the City of Port Angeles and are not part of the basic scope of services for Beaman Architecture, Ltd' Project Close-out: Services initiated upon notice from the contractor that the work is sufficiently complete, in accordance with the contract documents,to utilization for the use for which it is intended, and consisting of a detailed inspection for conformity of the work to the contract documents, issuance of certificate of substantial completion, issuance of list of remaining work required (punch list), receipt and transmittal of warranties, affidavits, receipts, releases and waivers of lien or bonds, permits, and issuance of final certificate for payment. On-site Meetings: 2 Anticipated Time Required: 12 weeks May 2, 2014 Page 3 of Beaman Architecture, Ltd. EXHIBIT B Proposed Fee for Services City of Port Angeles Vern Burton Community Center Gymnasium Re-roof Design Task %of Proposed No. Description Project Fee Preconstruction Planning and 1 Design 15% $3,615.00 Construction Documents 2 Preparation 73% $17,593.00 3 Construction Bidding 2% $482.00 4 Construction Administration 10% $2,410.00 Subtotals 100% $24,100.00 Anticipated Reimbursable Expenses" $850.00 Total Fee plus Reimbursable Expenses $24,950.00 "Reimbursable expenses are additional direct expenses over and above the scope of services. They include expenses incurred by Beaman and their consultants in the interest of the project. Beamans' reimbursable expenses are to be as allowed by State of Washington. Bid set printing is not included. April 26,2014 Page 1 of 1 Beaman Architecture, Ltd. t EXHIBIT C Consultant Labor Costs City of Port Angeles Vern Burton Community Center Gymnasium Re-roof Design SALARY RATES,OVERHEAD AND PROFIT Specified Contract Period for Base Year 2Ol4 Hourly Applied Total Applied Loaded Discipline Assigned To Salary Overhead Profit Overhead Excluding Profit Hourly Profit Rate a b c d e f A c=a*b d=a+c d*e a+c+f Project Beaman $55.00 115.00% $63.25 $118.25 10.00% $11.83 $130 Manager Architecture Specifications, Beaman Interior Architecture $36.00 115.00% $41.4O $77.40 10.00% $7.74 $85 Designer Architects Beaman $21.00 115.00% $24.15 $45.15 10.00% $4.52 $SO Drafting Architecture Cost Beaman $45.35 120.00% $54.30 $99.55 10.00% $9.96 $110 Estimator Architecture April 26, 2014 Page 1of1 Beaman Architecture, Ltd. EXHIBIT D Roofing Report Prepared by Coastal Specified Products October 29,2013 City of Port Angeles Vern Burton Community Center Gymnasium Re-roof Design Please see the following report provided to Beaman Architecture, Ltd. on April 22, 2014. April 26,2014 Page 1 of 1 Beaman Architecture, Ltd. Port Angeles City Hall—Vern Burton Community Center 321 East 5th Street, Port Angeles,Washington Roof Report October 29,2013 J c Prepared by: George Pfeiffer Coastal Specified Products Division 7 Representatives 7100 212`h Street SW Edmonds,WA 98062 John Lupo with John Lupo Construction in Aberdeen,Washington and I visited the project site on October 18,2013. With the help of city staff,we walked the roof and made the following observations. The barrel roof over the gym and the flat sections at the base on each side have one mineral surface BUR roof existing. The roofs on both ends of the barrel were reroofed without removal of the first roof. When shingles are installed on a barrel roof,the top is too flat so a BUR roof is installed as noted in the photo on the right(above). I � Q Two existing roofs on the ends of the barrel roof. I r ve,r h R ur M r i ryk; i Core taken from the east side of the flat roof at the base of the barrel roof indicates one roof. r i /o Room� f�u�l(�wfrf�ielrvNieln�;�:., , The southwest end of the roof has the air conditioning for the building including the server room. These units will have to be lifted to remove and reinstall taper to drain and new membrane. i i i i iP r The sides of the barrel roof had ponding water. A new roof system would add taper to drain these areas. The low roof area adjacent to the atrium roof has a central drain near the center. It is a large drain with a leader that is about 6 inches wide. However,there is no overflow drain. The photo(upper right) may have been the overflow at one time. i i y r The mechanical unit screen in the photo at the upper left represents a significant challenge to tearoff of the old roof and the reroofing. The braces that hold the partition in place are not square or round tubing. This makes them virtually impossible to seal into the existing or the proposed membrane system. Like the HVCA units on the opposite end,the air handling ducts within the partitioned area will need to be removed and reinstalled. 1f. %�Pl r i i %k,NNVIp '! 7 r, �D��1 is{� i aj�yyr9�ir�'Wr The community room at the south end of the building has a mechanically attached Hypalon membrane installed directly over a BUR roof. It is recommended that this roof be replaced to take advantage of the mobilization cost associated with the proposed work. In summary,the number of repairs made to the existing roof sections is a clear indication that the useful life expectancy has been reached. It is noteworthy that the wood frame roof structure does not benefit from leaks that ultimately effect the strength of the wood. Removal of the existing roofs down to the wood decks will provide an opportunity to visually inspect their integrity. Unit costs for replacement of deck components could be included in the project scope. The barrel feature over the gym is visible from the street. If a white membrane is used,it will have a monolithic look similar to the roof on the courthouse across the street. �XfG!Y/fl�fAw7VfMi,N(NwNimfiMNuuyMWINi1''I � ' /�/ �J � 1 I �F,�'�j t A photo of the Courthouse roof. VVe appreciate the opportunity to get upon the roof and provide this report. Please let us know R there is anything voe can doto explain elements ofthe existing or proposed roof system. Sincerely, George Pfeiffer Coastal Specified Products Division Seven Representatives 71OO212m Street SVV Edmonds,VVA9AD26 206-696-0042 m/smo/mor The information provided in this correspondence,as well as other information that may have been conveyed uvaoo nm/epamnem*ouucts (CSP)employee,is not to be considered professional architectural or engineering advice.Such information is provided only as suggestion for further review uvu licensed architect u,engineer.The employees nfcap are not licensed architects ur engineers,and cap does not assume responsibility for actions taken m reliance on such information.